This Affiliate Agreement (“Agreement”) governs Your application for, and any subsequent participation in, Living The Off-Grid Dream’ Affiliate program. By clicking “I Accept the Terms and Conditions” and submit, You thereby accept the terms of this Agreement, You indicate that You have read and understood this Agreement, and agree that You are bound by its terms.

SECTION 1 - PARTIES

All references to “Living The Off-Grid Dream” herein means and refers to Etison LLC, doing business as Living The Off-Grid Dream. All references to “You” and “Your” mean and refer to the person or entity who has executed this Agreement. Living The Off-Grid Dream and You are each referred to herein as a “Party,” and collectively as the “Parties.” You agree to notify us in writing if the legal name of your business or account ownership changes within twenty-four (24) hours of such change and You certify that all such information is truthful and accurate. Notice of such changes should be sent to tom@livingtheoffgriddream.com

SECTION 2 - APPLICATION

You agree to provide all information requested by Living The Off-Grid Dream in connection with Your Affiliate application and/or Your continued participation as a Living The Off-Grid Dream Affiliate, and You affirm that all information that You provide is truthful, accurate, and complete (without material omission). You understand and agree that Living The Off-Grid Dream retains sole and exclusive discretion to determine whether You qualify for participation in Living The Off-Grid Dream’ Affiliate program. Not everyone who applies for Living The Off-Grid Dream’ Affiliate program will qualify to participate.

SECTION 3 - CONSENT TO BE CONTACTED

You expressly consent to be contacted at the email address and the phone number You provide in Your application about Your application and the Affiliate program, including through automated dialling systems, texts and artificial or pre-recorded messages, whether by Living The Off-Grid Dream or a third-party on behalf of Living The Off-Grid Dream. This consent is a material condition of this Agreement and may not be revoked except in writing by both Parties. You understand and agree that the foregoing method is the only reasonable method of opting out. You further agree that any other method of opting-out is not a reasonable means of opting out.

SECTION 4 - COMPENSATION

If Your application to become an Affiliate is approved by Living The Off-Grid Dream, You will receive a unique Affiliate ID. The Affiliate ID will be incorporated within each URL which You will use to advertise Living The Off-Grid Dream. You will have the opportunity to receive a commission for each sale (“Sale”) that is registered using Your Affiliate ID.

In the event that a prospect (“Prospect”) has multiple Affiliate cookies (“Cookies”), the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. However, once a Sale has been associated with an Affiliate ID, that Sale cannot be attributed to another Affiliate ID for at least six (6) months from the date of the Sale. Living The Off-Grid Dream shall have the sole and exclusive authority to deny and/or revoke a commission or commissions based on affiliate-hopping or other action that creates multiple commissions for one true transaction, which shall be determined at the sole discretion of Living The Off-Grid Dream.

Provided that the Sold Account (as defined below) remains in good status within thirty (30) days from the Sale, You will be paid a commission for each Sold Account that generates a payment to Living The Off-Grid Dream in a month (“Commission”). Except as otherwise provided herein, Commission payments will be paid on the 1st of each month following Living The Off-Grid Dream’ receipt of payment for a Sold Account, subject to the other terms of this Agreement. In the event the1st of each month falls on a holiday, Commission payments will be paid on the business day preceding the holiday. All Commission payments are based on the amount of fees received by Living The Off-Grid Dream, less sales taxes.

The amount of Commissions for promoting Living The Off-Grid Dream are as follows:

Referral Affiliate: 25% Commission on SAAS*

Qualified Affiliate: 50% Commission on SAAS*

*Initial approval into the Living The Off-Grid Dream’ Affiliate Program grants you access to promote Living The Off-Grid Dream 2.0. As a Referral Affiliate, You will receive a 25% Commission on sales linked to your Affiliate ID. “Qualified Affiliate” status is only for those affiliates of Living The Off-Grid Dream who have been preselected by Living The Off-Grid Dream, have actively promoted Living The Off-Grid Dream 2.0, and opted in as a Qualified Affiliate prior to October 4, 2022. The determination of whether an affiliate has met the requirements to be a “Qualified Affiliate” is at the sole and exclusive discretion of Living The Off-Grid Dream.

All Commissions are paid in U.S. Dollars (USD) or otherwise in currencies offered by PayPal. Some payment methods may incur processing fees that may be deducted from Your Commissions. Your combined Commissions must equal or exceed One Hundred and 00/100 Dollars ($100.00) (USD) before You receive a payment from Living The Off-Grid Dream. If Your combined Commissions in a 120-day period do not exceed $100.00 (USD) Your Commissions will not be paid and will be forfeited by You to Living The Off-Grid Dream without any further action being required. Commissions are paid via PayPal.

Affiliates will not be paid any Commissions for payments made on Affiliate’s own user account(s). Affiliates are not permitted to open a Living The Off-Grid Dream account under the name of another person or entity, under a fictitious name, or under any name merely for the purpose of obtaining Commissions or any other compensation. Affiliates may not pay for another person’s or entity’s account. Affiliates are not permitted to offer cash rebates or other monetary incentives to obtain Sales. Furthermore, You are not permitted to have more than one (1) Living The Off-Grid Dream Affiliate account (including all such business entities of Yours, subsidiaries, or other affiliated businesses of Yours). If You are found to have more than one (1) Living The Off-Grid Dream Affiliate account, Your accounts will be terminated and all Commissions pending payout will be immediately forfeited by You to Living The Off-Grid Dream.

Commissions are paid only for transactions that actually occur between Living The Off-Grid Dream and a Sale and in which payment is received by Living The Off-Grid Dream. If payment for a Sold Account later results in a refund or chargeback, and if a Commission was paid to You for that Sold Account payment, then the Commission will be deducted from Your future Commissions.

If Living The Off-Grid Dream determines, in its sole and exclusive discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement or applicable law, no Commission will be earned by You or paid by Living The Off-Grid Dream for such Sale and, for past sales, such payment amounts shall be deducted from Your future Commissions, and Living The Off-Grid Dream may terminate this Agreement immediately, without notice, and without Living The Off-Grid Dream having any liability to You.

SECTION 5 - TERM AND TERMINATION

The term of this Agreement will begin the earlier of (i) when You click “I accept the Terms and Conditions” and submit; or (ii) Your participation in the Affiliate program is approved. Your participation in the Living The Off-Grid Dream Affiliate program will continue month-to-month until terminated. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party thirty (30) days’ written notice of termination. If, in our sole discretion, You fail, or we suspect that You have failed, to comply with any term or provision of the Agreement or the Terms of Service, or violated any law, whether in connection with Your use of Living The Off-Grid Dream or otherwise, Living The Off-Grid Dream may take any action that it deems necessary, including without limitation to terminating the Agreement or suspending Your access to the Affiliate website (“Website”) at any time without notice to You. In addition, if, based on our data, you have a dispute rate greater than 2%, we may terminate this Agreement or suspend your access to the Website at any time without notice to You. In such instances as described above, and in our sole discretion, we may terminate our relationship and suspend any accounts owned/controlled by You. For the avoidance of doubt, and without limitation for purposes of the foregoing, any violation of the required disclosure will be deemed a material breach of this Agreement. See Appendix A, Section 2, Disclosure. In the event this Agreement is cancelled due to Your breach, You immediately forfeit all Commissions and any other payments owed to You or that may in the future be owed to You without any further liability by Living The Off-Grid Dream to You. This Agreement will terminate automatically if You earn no (zero) Commissions over a 12 month period.

If this Agreement is terminated or cancelled, then all provisions that, by their nature, should survive, will survive, including, but not necessarily limited to, all limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration and class action waiver provisions, and exceptions to arbitration. All representations and warranties undertaken by You shall also survive termination or cancellation of this Agreement and/or Your Living The Off-Grid Dream account.

SECTION 6 - ENTIRE AGREEMENT

This Agreement, Appendix A below, along with Living The Off-Grid Dream’ standard Terms of Service, represents the entire agreement between the Parties and supersedes any other written or oral agreement between the Parties as pertaining to Your Affiliate application and, if approved, Your rights and responsibilities as an Affiliate. In the event of a direct conflict between the Terms of Service and this Agreement, this Agreement shall govern.

Appendix A

Additional Terms of the Affiliate Agreement and Advertising Rules

These Advertising Rules apply to all activities of Affiliate:

1. General Compliance. Affiliate shall publish or otherwise distribute advertisements in strict compliance with all applicable laws and regulations, including without limitation, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), data protection laws (including but not limited to the European Union General Data Protection Regulation, U.K. Data Protection Act, California Consumer Privacy Act, and Brazilian General Data Protection Regulation), laws governing testimonials (including the FTC’s Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)), and all guidelines issued by the FTC. Affiliate is solely responsible for ensuring Affiliate’s compliance with all laws. Affiliates are strictly prohibited from making claims concerning the products and services offered by Living The Off-Grid Dream that are inconsistent with, or beyond the scope of marketing materials produced and made available by Living The Off-Grid Dream on Living The Off-Grid Dream website, www.LivingTheOffGridDream.com.

2. Disclosure. On any website that Affiliate advertises any Living The Off-Grid Dream service or product, Affiliate must plainly display (i.e., not in a link, or in small font) disclaimer language, such as:

Disclosure: I am an independent Living The Off-Grid Dream Affiliate, not an employee. I receive referral payments from Living The Off-Grid Dream. The opinions expressed here are my own and are not official statements of Living The Off-Grid Dream.

3. Non-Disparagement. Affiliate is not permitted to comment negatively about or disparage the products, affiliates, or services of Living The Off-Grid Dream or any other person or entity, including without limitation the products or services of a Living The Off-Grid Dream competitor. Affiliate is not permitted to engage in any unlawful or deceptive actions with respect to search engine optimization, including, but not limited to, using any technique that generates paid search results based on any trademarks of Living The Off-Grid Dream, any brand name of Living The Off-Grid Dream, or based on the trademarks or brand name of any competitor of Living The Off-Grid Dream, or any other third party. Affiliate shall not direct link to a Living The Off-Grid Dream’ sales page from any paid advertising.

4. Social Media. If Affiliate advertises on social media, then each post must comply with all of the following:

- ​Each post must contain @LivingTheOff-GridDream or #LivingTheOff-GridDream.

​- Each post must contain #ad in a clear and conspicuous location before the text of the description and in all events before the “More” button.

​- Each Facebook or Instagram post must use the platform’s “Paid Partnership” tool.

​- Each YouTube post must contain the word “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” within the video itself in a font size that is clearly recognizable to the viewer and which appears persistently throughout the length of the video in the top right hand portion of the video.

- If Affiliate is advertising on other forms of written social media (e.g., Facebook, Twitter), Affiliate must comply with the above disclosure restrictions as applicable to each form of social media. Affiliate must also comply with all rules of each social media platform that Affiliate uses.

5. Income and Business Opportunity Claims. Affiliates are expressly prohibited from making any claims that use of Living The Off-Grid Dream will guarantee that the user will make money. If Affiliate’s recruiting efforts include claims related to income Affiliate has made from using Living The Off-Grid Dream or as an Affiliate, the following guidelines must be adhered to:

(a) Affiliate’s statements must be completely true and accurate and supported by evidence of Affiliate’s experience; and

(b) Affiliate’s statements must be accompanied by the following disclaimer in clear and conspicuous font and placement: “These were my results. Your results will vary based on a variety of factors including Your education, effort, and market factors. There is no guarantee You will make any money.”

Affiliate is also expressly prohibited from making any express or implied claims that Living The Off-Grid Dream is or provides a business opportunity, franchise opportunity, a “business-in-a-box,” or an assisted marketing plan.

6. Living The Off-Grid Dream’ Trademarks. No logo, tagline, trademark, trade name, or trade dress (collectively, the “Living The Off-Grid Dream Trademarks”) owned by Living The Off-Grid Dream may be used, copied, or reproduced by any Affiliate except as set forth below. No Living The Off-Grid Dream intellectual property (or any mark confusingly similar to any Living The Off-Grid Dream intellectual property) is to be registered as a trademark in any country or registered as a domain name by Affiliate in any way in any country.

Living The Off-Grid Dream retains exclusive ownership of all Living The Off-Grid Dream’ Trademarks and other intellectual property and all of its rights therein. Affiliate shall not promote or provide services to any other business or person that is infringing any of Living The Off-Grid Dream’ intellectual property.

7. Complaint Notification. Affiliate must notify Company of any complaint received by Affiliate regarding any advertisements within twenty-four (24) hours of receiving such complaint. Notice should be sent to support@livingtheoffgriddream.com

8. Independent Contractor. Affiliates are independent contractors of Living The Off-Grid Dream. It is the express understanding and intention of the Parties that no relationship of master and servant nor principal and agent shall exist between Living The Off-Grid Dream and You by virtue of this Agreement. You have no right to act on behalf of or bind Living The Off-Grid Dream in any way, nor share in the profits or losses of Living The Off-Grid Dream. The only compensation available to You is set forth in this Agreement. You are solely and exclusively responsible and liable for all of Your acts or omissions.

9. NO WARRANTY; NO LEADS. Living The Off-Grid Dream does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that Living The Off-Grid Dream will not at any time provide sales leads or referrals to You. You understand and agree further that this is not a business opportunity, a franchise opportunity, a “business-in-a-box,” or an assisted marketing plan. You are responsible for procuring and paying for any and all materials and resources necessary to operate as an Affiliate as You determine in Your sole discretion.

10. LIMITATION OF LIABILITY. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL LIVING THE OFF-GRID DREAM OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER LIVING THE OFF-GRID DREAM HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

IN NO EVENT SHALL LIVING THE OFF-GRID DREAM’S LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO LIVING THE OFF-GRID DREAM FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST LIVING THE OFF-GRID DREAM OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.

11. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, & GOVERNING LAW.

As explained in Living The Off-Grid Dream’ Terms of Service, any controversy or claim arising out of or related to this Agreement or Your relationship with us that cannot be resolved through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgement on the award rendered may be entered in any court having jurisdiction thereof. The sections of the Terms of Service entitled “DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER,” “LIVING THE OFF-GRID DREAM’ ADDITIONAL REMEDIES,” and “GOVERNING LAW AND VENUE” are expressly incorporated herein by reference. Please review the Terms of Service for more information.

12. Indemnity. You agree to protect, defend, indemnify and hold harmless Living The Off-Grid Dream, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limitation arising out of Your conduct, acts, or omissions related to Your application and/or performance of this Agreement including, but not limited to, any breach of this Agreement. Your indemnity obligation includes, but is not limited to, any third party claim against Living The Off-Grid Dream for liability or payments for damages caused by, or other liability relating to, You. This provision expressly survives the termination of this Agreement.

13. Severability. In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms of Service, as so modified, shall continue in full force and effect.

14. Modification/Amendments. This Agreement and Living The Off-Grid Dream’ standard Terms of Service may be modified by Living The Off-Grid Dream at any time, with or without prior notice to You. Amendments or modifications to this Agreement or the Terms of Service will be binding on You when they are sent to You via email, or are posted in the affiliate center. No amendment to this Agreement or the Terms of Service shall be valid unless prepared or signed by Living The Off-Grid Dream. Your continued acceptance of Commission payments constitutes Your acceptance to any modifications or amendments to this Agreement and the Terms of Service.

CONTACTING US

We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an email to support@livingtheoffgriddream.com.

If you have any questions or inquiries concerning these Terms, you may contact Living The Off-Grid Dream by email at support@livingtheoffgriddream.com, or by regular mail at 2619 Nicholson Creek Road, Rock Creek, BC, V0H 1Y0.

For additional inquiries, please feel free to send an email to the relevant address listed below.

Compliance: support@livingtheoffgriddream.com

Spam or Abuse: support@livingtheoffgriddream.com

Affiliates: tom@livingtheoffgriddream.com

For General Support and Inquiries: support@livingtheoffgriddream.com